1.1 These Terms and Conditions (“Terms”) are between you and Disability Club Pty Ltd ABN 61 658 242 954 (“Disability Club” “us” “we”) and govern your access to and use of our application “Disability Club” (“App”) and website disabilityclubcommunity.com (“Site”) and any information, text, graphics, photos or other materials that you upload to or download from the Site (collectively referred to as “Content”).
1.2 A reference in these Terms to “Network” refers to the Site and/or the App, as applicable in the circumstances.
1.3 Your access to and use of the Network is conditional on your acceptance of and compliance with these Terms.
1.4 By accessing or using the Network you agree to be bound by these Terms, which will form a binding contractual agreement between you and us. For that reason, these Terms are important, and you should ensure that you read them carefully and contact us using the details at clause 12 with any questions before you use the Site.
1.5 You may use the Network only in compliance with these Terms and all applicable laws. If you do not agree to the Terms, do not use the Network.
1.6 The User remains subject to any and all preexisting Terms and Conditions relating to the downloading and use of the app from a device’s respective app store.
2.1 The Site provides:
(a) a platform for individuals, businesses and organisations, including but not limited to those involved in the disability sector and Premium Users (collectively referred to as “Users”) to connect with other Users, make posts, upload and download content, and message other Users (Collectively referred to as “Content”); and
(b) the ability for Users to sign-up to the Network to access the Content (“Account”);
(c) the ability for Users who have Premium Accounts to purchase Premium Services.
(d) all services available on the Network are collectively referred to as the Services.
2.2 Premium Services are available for purchase by Premium Account holders, and include:
(a) self publishment of advertisements, which will be published on the Site for the purpose of advertising to the individual users;
(i) Any such advertisements must comply with your obligations under clause 4.3
(ii) available functions for advertising may use third party service providers, in accordance with clause 2.3
(b) Live streaming of video content to other Users
(i) Your ability to use live streaming functions may be dependant on your device and your data plan;
(ii) Any live streaming must comply with your obligations under clause 4.3;
(iii) available functions for advertising may use third party service providers, in accordance with clause 2.3; and
(iv) The recordings of live stream are stored on the Network in accordance with our Privacy Policy.
(c) A Business profile for Business Accounts, which acts as a main account from which multiple accounts can be set up for multiple users.
(d) Each Premium service is a separate service and therefore may be subject to different pricing structures.
2.3 The App is a mobile extension of the Site and allows for access to the same Services.
2.4 Third party services
(a) The Network may use services of third parties to support or enable certain features of the Network, including but not limited to Google Analytics, Google ReCAPTCHA, Google Maps, Stripe, Cloudflare and Google Firebase.
(b) In the event that the Network provides a function which allows access to other sites, social media platforms or applications (Third-Party Sites), which may include the sharing of content between the Site and the Third-Party Sites, you agree to comply with the terms and conditions of any Third Party Site.
(c) Any data shared with such third party providers is disclosed in our Privacy Policy.
2.5 Advertising
(a) The Network may contain links to other websites as well as content added by people other than us, including advertising from third parties.
(b) We do not endorse, sponsor, or approve any such user generated content or any content available on any linked website.
(c) We do approve any advertising published on the Network.
2.6 You acknowledge and agree that:
(a) we retain complete editorial control over the Network and may alter, amend, or cease the operation of the Network at any time in our sole discretion; and
(b) we retain complete editorial control of all content uploaded or posted to the Network by users, and any content posted or uploaded by you is subject to our approval; and
(c) the Network will not operate on a continuous basis; and
(d) the Network may be unavailable from time to time (including for maintenance purposes).
2.7 The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
2.8 All right, title, and interest in and to the Services (excluding Site Content) are and will remain the exclusive property of Disability Club and its licensors.
2.9 We retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
2.10 We retain the right to adjust our pricing structure without consultation and will provide updated pricing automatically in the user’s account.
3.1 To access the Network or some of the functions it offers, you may be asked to provide certain registration details or other information. It is a condition of you use of this Network that all the information you provide on this Site will be correct, current, and complete. If we believe the information, you provide is not:
(a) correct;
(b) current; or
(c) complete,
we have the right to refuse you access to the Network or any of its resources, and to terminate or suspend your access at any time.
3.2 By using the Network, you are granted a non-exclusive, worldwide, non-transferable licence to use the Network in accordance with these Terms. You may access and use the Network (including any incidental copying that occurs as part of that use) in the normal manner for your own personal, non-commercial use.
3.3 To be eligible for to register an account for an individual, you must be:
(a) above the age of 13 years; or
(b) For users under the age of 13 years, an account can be registered with permission from a guardian who agrees to be responsible for ensuring that the User acts in accordance with these Terms and will be liable for any breach.
3.4 You may register and create an account on the Network to become one of the following types of members:
(a) Standard – free
(b) Premium – monthly fee for account with additional features
(c) Creator – annual fee for individual account and dedicated page for an individual or public figures, with additional features
(d) Business – annual fee for larger businesses and organisations that would like to have several pages to represent their ventures, with additional features.
3.5 The Membership Fees and Services included in each type of membership will be published on the Site, and may be updated from time to time at our discretion.
3.6 If you register for an Account, you will be asked to:
(a) submitting the account registration online form and providing the required information, then clicking on the verification link in the email that the Network will send to you.
(b) create a user ID (or enter you email address as your username) and password.
(i) You must not use your Account for or in connection with the impersonation of any person.
(ii) You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above suggestions.
3.7 For access to the Site through the App, alternative security features in the form of fingerprint verification or facial recognition verification may be available to use in addition to, or as a substitute for your password. Availability of these features may be subject to the features of the device you are using.
3.8 Payment of Membership Fees and purchases of Premium Services
(a) All paid Accounts commence on the day that you purchase and create the Account.
(b) the first instalment of fees are paid on the date of purchase.
(c) Your annual or monthly subscription fee will be due on the same day of each year or month, in advance of each year or month, by way of a direct debit arrangement via the third-party payment gateway (“Payment Date”).
(d) The cost of the purchase of additional Premium Services will be published on the Network and/or notified at the time of purchase.
(e) All payments are processed through a third-party payment gateway and are subject to the third-party’s terms and conditions.
(f) Payments on the app will be made through in-app purchases and processed through the app store from which you originally downloaded the App. Please refer to the in-app purchases rules and policies provided by the respective app store.
3.9 You must not allow any other person to use your Account to access the Network. You must notify us in writing immediately if you become aware of any unauthorised use of your account. You must not use any other person’s account to access the website unless you have that person’s express permission to do so.
3.10 You can deactivate your Account at any time.
(a) The Disability Club is not responsible for the deactivation, deletion or cancellation of any account, this is the User’s responsibility.
(b) Any cancellations will take effect at the end of the payment year or month you are in at the time of cancellation, and no refunds will be provided.
3.11 You may apply to be identified as a Verified Member of the Network as follows:
(a) a User is eligible to become a Verified Member if all the information on the User’s profile is complete and the User’s profile picture and cover art has been uploaded.
(b) you can complete an application form, available on the Site to request to be recognised as a Verified Member.
(c) applications will be assessed by us and you will be notified of whether your application has been approved, or if it has been declined and the reasons why.
(d) if your application is declined, you may apply again for verification after a period of 14 days, and once the deficiencies in your profile have been address.
(e) if your application has been approved, your profile will feature a blue tick identifying you as a Verified Member.
(f) Some Business profiles may be verified automatically.
3.12 In accordance with clause 1.4, we retain the right to terminate any Account when the terms of using the Communication Services are not complied with.
4.1 The Network may contain comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, events, and or other message or communication facilities designed to allow you to communicate with Users (collectively referred to as “Communication Services”).
4.2 You agree to use the Communication Services only to post, send and receive messages and Content that are proper and related to the particular Communication Service. Users agree to adhere to this Terms of Use agreement when using Disability Club’s Communication Services.
4.3 When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
(a) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
(b) advocates illegal activity or discusses an intent to commit an illegal act;
(c) is vulgar, obscene, pornographic, or indecent;
(d) does not pertain directly to this site;
(e) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(f) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(g) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(h) violates any law or may be considered to violate any law;
(i) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(j) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
(k) advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
(l) solicits funds, advertisers or sponsors;
(m) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(n) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
(o) includes MP3 format files;
(p) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
(q) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
(r) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
4.4 We reserve the right to monitor use of the Network to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason.
4.5 We reserve the right to terminate your access to an or all of the Communication Services at any time without notice for any reason whatsoever. We also always reserve the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
4.6 Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including downloading materials.
4.7 Notwithstanding these rights, you remain solely responsible for the Content of your submissions.
(a) You acknowledge and agree that neither us nor any third party that provides Content to us will assume or have any liability for any action or inaction by us or such third party with respect to any submission.
(b) We caution you against giving out any personally identifying information about yourself in any Communication Service.
(c) We do not control or endorse the content or messages, or information found in any Communication Service and, consequently, we specifically disclaim any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Disability Club spokespersons, and their views do not necessarily reflect those of Disability Club.
5.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us:
(a) We own all intellectual property rights in the Site and the Content (excluding the Network Content); and
(b) You may not copy, distribute, sell, modify, or create derivative works of the intellectual property or any part thereof.
5.2 Nothing in the Terms gives you a right to use the Disability Club name or any of the Disability Club trademarks, logos, domain names, and other distinctive brand features, without our express written consent.
6.1 From time to time, we may collect certain information from your use of the Services. Any information that you provide when using the Services is subject to our Privacy Policy.
6.2 Recordings of any live stream posts will be stored on the Disability Club’s network and remains subject to our Privacy Policy.
7.1 You agree to defend, indemnify, release from liability and hold harmless Disability Club (including its officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (whether special, consequential or indirect and including but not limited to business interruption, lost profits or lost data) arising from:
(a) your use of and access to, or inability to use or access, any Services including but not limited to the services mentioned in this agreement;
(b) your violation of any term of these Terms; or
(c) your violation of any third party right, including but not limited to any copyright, property, or privacy right.
8.1 To the maximum extent permitted by applicable law, Disability Club and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from:
(a) your access to or use of or inability to access or use the Site and/or Services;
(b) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
(c) any content obtained from the Services; and
(d) unauthorised access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory.
9.1 Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
9.2 If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the remainder of these Terms will continue to apply in full force and effect.
10.1 These Terms and our Privacy Policy are the entire and exclusive agreement between us and you regarding the Services, and these Terms supersede and replace any prior agreements between us and you regarding the Services.
10.2 We may revise these Terms from time to time, the most current version will always be at disabilityclubcommunity.com/terms-and-conditions/. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
11.1 This License will be exclusively governed by, and construed in accordance with, the laws of the Australian Capital Territory.
11.2 The local and federal courts located in the Australian Capital Territory will have exclusive jurisdiction over all disputes arising hereunder or in connection with the subject matter hereof.
If you would like to contact us regarding your use of the Site and/or the Services, you can do so by contacting us via disabilityclubcommunity.com/request-help/.
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